Neeraj v. State of U.P.

Court No. - 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47192 of 2018

Applicant :- Neeraj Opposite Party :- State Of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.

Hon'ble J.J. Munir,J.

This is a bail application on behalf of the applicant Neeraj in connection with Case Crime No. 313 of 2018 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Kalan, District Shahjahanpur.

Heard Sri Lavkush Kumar Bhatt, learned counsel for the applciant and Sri J.B. Singh, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.

The submission of learned counsel for the applicant is that the age of the prosecutrix, according to the report of the Emergency Medical Officer dated 22.09.2018 based on an ossification test done at the Government Women Hospital, Shahjahanpur, is 18 years. It is submitted that going by the aforsaid medical estimation of the age, prosecutrix is clearly a major, and, therefore, provisions of POCSO Act would not be attracted. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. which in categorical terms is exculpatory, and, says that the prosecutrix accompanied the applicant to Delhi of her free will and has married him. It is said that she wants to go and stay with the applicant.